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(영문) 서울중앙지방법원 2016.07.20 2016가단45838

손해배상 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 7, 200, the Korea Deposit Insurance Corporation, a trustee in bankruptcy of the above credit cooperative, filed a lawsuit claiming loans of KRW 1,00,000,00 with the Plaintiff (as of June 6, 2001, the repayment was made). The above lawsuit was finalized on December 27, 2005 by the court of the above lawsuit on the purport that "the Plaintiff shall pay 29% per annum from June 26, 2001 to the date of delivery of a copy of the complaint of this case, and 20% per annum from the next day to the date of full payment (hereinafter "the instant decision on performance recommendation"). The decision on performance recommendation was delivered to the Plaintiff on December 30, 205, and it became final and conclusive on December 14, 2016.

B. The Defendant Company received from the Korea Deposit Insurance Corporation the assignment of claims against the Plaintiff in accordance with the decision on performance recommendation, and received the decision on provisional seizure of claims against the Plaintiff’s wage claims as Seoul Central District Court 2008Kadan91487, by designating the Foundation, an obligor, the Plaintiff served as the third obligor.

After making a deposit for release under the above court No. 2008Kadan17152, the Plaintiff filed an objection to provisional seizure with the above court No. 2008Kadan98289. On January 6, 2009, the above court revoked the above provisional seizure decision on the ground that the extinctive prescription of the Defendant Company’s claim against the Plaintiff, the preserved claim against the above provisional seizure, has expired.

C. Meanwhile, the Defendant Company collected the money deposited by the Plaintiff based on the decision on the seizure and collection order of the claim No. 2009 other debt No. 459 with the title of execution of the above execution recommendation decision as the execution title after the provisional seizure decision was revoked. D.

Defendant Company, through Defendant B, filed an application for entry in the defaulters’ list with the Jung-gu District Court 2016Kadan1690 on the ground that the Plaintiff failed to repay his/her obligations on the ground of the decision on performance recommendation of this case through Defendant B, a certified judicial scrivener, and filed an application for entry on March 3, 2016.